GIL-SORIANO v. NORTHWIND, LLC

27161/19. Appeal No. 14624. Case No. 2021-02123.

199 A.D.3d 484 (2021)

154 N.Y.S.3d 421

2021 NY Slip Op 06322

Esteban Gil-Soriano, Respondent, v. Northwind, LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 16, 2021.


Attorney(s) appearing for the Case

Sobel Pevzner, LLC, New York ( Daniel El Arnaouty of counsel), for appellant.

Steven Adam Rubin & Associates, PLLC, New York ( Steven Adam Rubin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.


Defendant's motion, which was its second motion to vacate the same default, was properly denied as barred by the doctrine of law of the case (see Martin v City of Cohoes, 37 N.Y.2d 162, 165 [1975]). Instead of appealing from the order that denied its first motion, defendant moved again to vacate its default, relying on nearly identical facts and arguments (see Colpitts v Cascade Val. Land Corp., 145 A.D.2d...

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